General Terms of Service
SidelineApp provides a live-stream and video on-demand service that allows paid users to access grassroot sports matches streamed over the Internet to certain HD-enabled internet connected TVs, computers, mobile and other devices.
These General Terms and Conditions (the “Terms of Service”) apply fully to the access and use of the web-based application “SidelineApp” (the “Application”) including the services, software, features and functionalities, content or applications including any website offered by SidelineApp Limited (hereafter “we”, “our”, or “us”), and the user interfaces (hereafter, collectively referred to as the “Services”).
Some of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
In order to be eligible to use the Services, you warrant and undertake that:
- You are 18 years or older;
- If you are under the age of 18, you are 13 years or older and you have parental or guardian consent to use the Services. By your use of the Services you confirm parental or guardian consent and your parent or guardian warrants and undertakes that your parent or guardian agrees to these Terms of Service, and to the Payment Terms, and undertakes to be liable for the same on your behalf.
- You or, if applicable, your parent or guardian, have the full right, power, and authority to enter into a binding contract with us, and are not prohibited from doing so under any applicable laws, rules, and, regulations.
By using the Services, you represent and warrant that you are at least 13 (thirteen) years of age. If you are under the age of 13 (thirteen), you MAY NOT, under any circumstances, or for any reason, use the Services. We may, in our sole discretion, refuse to offer or cancel access to the Services to any person or entity and change the eligibility criteria for access to the Services at any time. The Services are offered only for your use, and not for the use or benefit of any third party.
For the purposes of the Terms of Service, the term “Content” includes, without limitation, information, data, text, images, videos, audio clips, written posts and comments, software, sounds, scripts, graphics, messages, tags, comments, interactive features, and any content generated, posted, transmitted, distributed or otherwise made accessible on or through the Services, and which may be shared through third party applications.
The Application, the Services and the Content are our property or the property of our licensors. We grant you limited, non-exclusive, revocable permission to access the Services, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, entertainment purposes (“Access”). Your Access shall remain in effect until and unless terminated by you or us. You promise and agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Services or the Content.
The software applications contained within the Services are not sold to you, and we and our licensors retain ownership of the Content and the Application even after the Application is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All of our trademarks, service marks, trade names, logos, domain names, and any other features of our brand (including but not limited to the SidelineApp name and branding) (“SidelineApp Brand Features”) are our sole and exclusive property. These Terms of Service do not grant you any rights to use any SidelineApp Brand Features whether for commercial or non-commercial use.
We are committed to providing enjoyable Services. We therefore ask all of our users to comply with and abide by the following guidelines. You agree that you will comply with all laws, statutes, and regulations in your use of the Services. You agree not to archive, reproduce distribute, modify, display, perform, publish, licence, create derivative work from, offer for sale, or use (except as explicitly authorised in these Terms of Service) content and information contained on or obtained from or through our Services.
You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our Services; use any robot, spider, scraper or other automated means to access the Services; copy, decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or use any data mining, data gathering or extraction method.
You agree that we may, in our discretion and without notice or liability to you, terminate or suspend your use of or access to the Services and any software or applications associated therewith if at any time, we believe in good faith that:
- You have engaged in any conduct which is illegal, fraudulent, harassing or abusive through your use of the Services.
- You have engaged in conduct which may be harmful to other users of the Services, third parties, or any of our affiliates.
- You have otherwise engaged in conduct which we reasonably determine to be inappropriate or unacceptable.
In the event that we terminate or suspend your account in accordance with the Terms of Service, you acknowledge, and agree, that we shall be under no obligation to refund any amounts which you have already paid, to the fullest extent permissible by law.
The Application may allow for users to post, upload, and/or contribute Content to the Services (User Generated Content). By posting, uploading, displaying or otherwise communicating any User Generated Content using the Services you warrant and represent that you own and control the rights in any such User Generated Content you make accessible, or are otherwise authorised to post, upload, display or communicate such User Generated Content and that such User Generated Content shall not violate or infringe upon the intellectual property (including without limitation copyright), publicity, personality, or other rights of any third party or imply any affiliation with or endorsement of you or your User Generated Content by us or any, entity or individual without express written consent from such individual or entity.
By submitting or uploading any User Generated Content the Services you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, and transferable licence to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit your Content in connection with the Application and/or the Services and our (and our successors’ or assignees’) businesses, including without limitation for promoting and redistributing part or all of the Application and/or the Services (and derivative works thereof) in any media formats, and through any media channels (including, without limitation, third party applications and feeds), and including after termination of your access to the Application / and or the Services, excluding solely any licensing for third party commercial use.
You also hereby do and shall grant each user of the Services a non-exclusive, perpetual licence to access you’re your User Generated Content through the Services.
For clarity, the foregoing licences do not affect your other ownership or licence rights in your own User Generated Content, including the right to grant additional licences to your User Generated Content, unless otherwise agreed in writing.
You acknowledge that we in no way guarantee that any Content will be made available on the Application or through the Services. We reserve the right to, but do not have any obligation to, i) remove, edit or modify any Content and/or User Generated Content in our sole discretion, at any time, and for any reason whatsoever without notice to you, ii) to remove or block any Content and/or User Generated Content from the Services.
You acknowledge the Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights, and laws.
In addition to the aforementioned, you undertake and agree to comply with the following Rules of Conduct:
- You shall not upload, post, email, transmit, otherwise make available, or facilitate the making available of, nor permit any third party to do the same, any Content on or through the Services that:
- is fraudulent, false, misleading, inaccurate, threatening, abusive, harassing, defamatory, libellous, vulgar, invasive of another’s privacy, obscene, pornographic, profane, indecent, or otherwise objectionable including any communication that constitutes a criminal offense which may give rise to civil liability or otherwise violate any laws, regulations or standards of conduct;
- you do not have a right to make available under any law or under any contractual relationships;
- may infringe or misappropriate any patent, trademark, trade secret, copyright, privacy, or other right of any other person or entity;
- includes any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain mail, or any other form of solicitation.
- contains any virus, worm, time bomb or any other computer code, file or software designed to damage, interfere with, intercept or limit the functionality of any computer, network, device, system, data or information including without limitation, the Application and/or the Services;
- harms any third parties in anyway;
- impersonates any person or entity or otherwise misrepresents your affiliation with any third party which is not authorized;
- intentionally, unintentionally, directly or indirectly violate any applicable law, rule or regulation;
- harasses or assaults any other user or third party;
- interferes with or disrupts the Services, servers, networks, applications or software in connection therewith;
- includes anyone’s identification documents of sensitive financial information.
You may access particular sports Content by making payment of the subscription fee as determined by us or our partners from time to time (Subscription Fee) and listed on our website. The Subscription Fee is payable in advance, and is payable per competition round. Once you make payment of the Subscription Fee, you will have access to that particular sports Content for seven (7) days (Subscription Period). Payment can be made securely via our website using our secure credit card platform.
Please refer to our Payment Terms for more information on payments connected with the use of the Services. By making payment of the Subscription Fee, you agree to be bound by and accept the Payment Terms.
Any costs associated with downloading, installing, accessing, and using the Application or the Services (including data charges) are your responsibility.
We are committed to protecting your privacy. We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
Accounts and Security
Your account is password protected and you are solely liable for keeping your password and any information submitted by you confidential. As part of the Terms of Service, you agree to keep, at all times, any and all information submitted by you and your account information accurate, true and complete. You will not, under any circumstance, select or use an email address of another person with the intent to impersonate that person, or use a name, subject to the rights of any other person, without their authorisation. You acknowledge and agree that you will remain solely liable for any and all activities which occur under any accounts created by you for your use, even if such activities were not committed by you. You acknowledge and agree that we are not responsible for any loss or damage as the result of someone else using your account or password without your knowledge. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us as soon as possible and change your password.
Minimum System Requirements
You acknowledge that the quality of the display of any Content may vary from device to device, and may be affected by various factors over which we have no control, including your location, the specifications of your device, any other functions being performed by your device at the same time, the bandwith available through your Internet connection and/or speed of your Internet connection. We shall have no responsibly for the poor performance of the Application or any delay or inability to play any Content due to issues with your Internet connection.
The Application is only compatible with some devices which meet certain minimum requirements, as set out below:
We respect the rights of intellectual property owners. If you believe your copyright rights are being infringed through any of the Content or User Generated Content available through the Services, please contact us immediately. All notices alleging any copyright infringement should be sent to our appointed copyright agent email@example.com.
Third Party Services
The Services may permit you to link to other third-party applications, services, or resources on the Internet, and other applications, services, or resources may contain links to any third-party services. When you access third party resources on the Internet, you do so at your own risk. You acknowledge and agree that these other resources are not under our control, and you acknowledge and agree that we are not responsible or liable for the content, functions accuracy, legality, appropriateness, or any other aspect of such apps or resources. The inclusion of any links does not imply our endorsement or any association between us and the operators of the end site accessible by such links. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such application or resource.
We will use all reasonable endeavours to provide you with an enjoyable experience with respect to your use of the Services. Notwithstanding the foregoing, you understand and agree that the Services are provided “as is” and “as available” without any express or implied warranty or condition of any kind.
To the maximum extent permissible by law, you hereby release us and each of our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers and licensors from any and all implied warranties including without limitation, implied warranties of title, quality, performance, merchantability, fitness for a specific purpose and non-infringement.
You may not be able to access the Application if your network configuration prohibits you from streaming video content (e.g. if your firewall or filtering mechanisms prevent access to certain websites or file types). There may also be times where we cannot show some Content as planned (e.g. due to a match being cancelled or postponed), so the schedule could change without notice and you agree that we are not responsible for this.
We will not be responsible or liable for any delays, deletions, failed delivery or failure to store any data, information or Content which you provide for display on the Application or through the Services or for transmission through the use of any of the Services. You acknowledge that the entire risk arising out of your use of any of the Services remains with you to the maximum extent permissible by law.
Limitation of Liability
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any software and to stop using the Services.
You further agree that, to the fullest extent allowed by law, in no event shall we, our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers or licensors be liable for:
- Any indirect, special, incidental, punitive, exemplary or consequential damages, without regard to whether we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose;
- An aggregate liability for all claims relating to the Services more than the total of one hundred New Zealand dollars (NZ$100).
Which may arise from your use of Services or any software or applications associated thereof including but not limited to:
- Any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone, or other device; or
- The cost of procuring substitute goods, services or technologies.
Notwithstanding the above, nothing in these Terms of Service shall limit our liability for any fraudulent misrepresentation, death or personal injury caused by our direct negligence.
We are committed to making the use of our Services an enjoyable experience for all users so please be considerate of any information you make public through the Services including any User Generated Content. We hold no responsibility with respect to any information made publicly available by you, including anything you upload, post, email, transmit or otherwise make available through the Services.
You hereby agree to indemnify and hold us, our officers, shareholders, employees, agents, directors, joint venturers, subsidiaries, affiliates, successors, assigns, suppliers, and licensors harmless against any claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) arising out of:
- Your violation or misuse of the Services;
- Your violation or infringement of any law, rule, regulation or rights of others in connection with your use of the Services and any software or applications associated therewith including without limitation, infringement of any copyright laws; or
- Your use or disclosure of another person’s personal information including any financial or billing information which you are not authorized to use or disclose
We will make reasonable efforts to keep our Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions to the Services. We reserve the right, at any time, to modify or discontinue (whether temporarily or permanently), functions and features of the Services (whether in part or in whole) without further notice or liability to you. You understand and agree that we shall have no obligation to maintain, support or upgrade the Services or to provide any specific content through the Services.
Jurisdiction and Dispute Resolution
The Terms of Service shall be governed by the laws of New Zealand and you and us (collectively, the “Parties”) submit to the exclusive jurisdiction of the courts of New Zealand in resolving any disputes, claim or controversy which arise from these Terms of Service.
Any dispute or difference arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in New Zealand in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitration shall be by one arbitrator to be agreed upon by the parties and if they should fail to agree within twenty-one (21) days from the date upon which the dispute arises then to be appointed by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc.
You hereby acknowledge and agree that these Terms of Service are reasonable and necessary to protect us, the Application, and the Services and that we would be irreparably damaged if you do not comply with the Terms of Service. You hereby agree that we shall be entitled, without bond, security or proof of damage, to appropriate equitable remedies with respect to your breach of these Terms of Service, in addition to any other remedies to which we are entitled to under all applicable laws.
Entire Agreement and Severability
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the fullest extent permitted by law.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer, delegate any of our rights and obligations hereunder without consent and/or notice to you.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registering mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any part of the Terms of Service. You recognise and agree that waiver of compliance in any particular instance does not mean in any way that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of and consent to such waiver through one of our authorised representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not have any effect on the interpretation of such term.